WILLS & ESTATES

Although the majority of people know that they should have a Will prepared, the reality is that many have not done so. There are many factors that can impact on the ability of family to distribute assets and gifts according to your wishes if you do not have a legal Will.

What is a Last Will and Testament?

A Last Will and Testament is the document by which a person can distribute his or her belongings after death. Your Will is uniquely prepared to provide clear, straightforward instructions to your named representative. It should contain the names of your beneficiaries and at what age they will receive their inheritance. You give direction to your Executor to transfer your property to the person or organization you choose, provide for the care and upbringing of minor children and perhaps funeral arrangements.

A will is valid only when it is in writing and signed by yourself. Your signature must be witnessed by two other people, both present at the same time. Handwritten unwitnessed Wills are not recognized under British Columbia law.

What is a Codicil?

A Codicil is an amendment to your Last Will and Testament. If the change is simple, it can be accomplished by creating a Codicil instead of preparing a new Will. A common example of why you would choose to have a Codicil prepared is to change the appointment of your Executor or add a specific bequest.

Who should be your Executor

An Executor is the person who will be responsible for determining all of your assets and distributing them in accordance with your wishes after your death. It is important to choose your Executor carefully and be someone you trust implicitly. The Executor is entitled to be paid a fee for carrying out these duties and will be paid from the proceeds of your estate.

Estate Litigation

A Will takes effect upon your death, although before distribution can occur, your Executor may be required to apply to the Court for Probate. This is the legal process which confirms the identity of the Executor, the validity of the Will and requires a series of forms and documents to filed.

An Executor must pay any outstanding debts, cancel credit cards, and pay accrued employment income and property taxes. An Application is made to the Supreme Court for an Order granting authority to your Executor to perform the tasks necessary to ensure your wishes are fulfilled. The Court seeks the assurance that all the proper steps are complied with.

Related Documents

A Power of Attorney and a Representation Agreement are other legal documents where you can appoint another person to make decisions for you, while you are still alive. The law in this area is undergoing significant change, and we strongly advise you to discuss these matters further with our lawyers.

Our Service

Our lawyers are experienced practitioners who are able to answer your questions. We invite you to make an appointment to discuss your specific requirements. We will prepare your Last Will and Testament in accordance with your instructions, attend to proper signing and witnessing and ensure that it is registered in the Wills Registry.